POLITICAL PARTY REGISTRATION

Our Constitution gives us the Rights for having a Multi-Party System in India so you can start your own Political Party. To start a political party in India, one has to register the Political Party with Election Commission of India. Legalcops team, offer a broad based Legal and Social Consulting Services to Register a Political Party with Election Commission of India and Our Consulting Services as follows

Our Constitution gives us the Rights for having a Multi-Party System in India so you can start your own Political Party. To start a political party in India, one has to register the Political Party with Election Commission of India. Legalcops team, offer a broad based Legal and Social Consulting Services to Register a Political Party with Election Commission of India and Our Consulting Services as follows

In multi-party systems like India, the parties are classified into three types’ i.e., National parties, Regional parties and State parties. The statuses of the parties are granted by the Election Commission of India, and after that, are occasionally reviewed. All the parties whether National, Regional or State party, are registered with Election Commission. Unique election symbols are given by the Election Commission to every registered party

The Election Commission mandates certain rules regarding starting a new political party in India. These are;

Every new party has to have at least 100 members. [There are no hard and fast set rules on how or who to recruit, it’s left up to the party]

Each member is required to hold an Indian voter ID card.

Individuals or members joining the party must be 18 years old.

Each office bearer is required to submit details regarding their, and their spouse and children’s, investments and assets, including cash, jewellery, and the market value of properties owned by them.

Representatives must issue notices in newspapers announcing their intention to form a new political party [Towards a No Objection Certificate]. The commission allows a 30-day window for the public to raise objections on the formation of any party.

After this, the commission scrutinises different affidavits and documents submitted by the party. Representatives can expect to receive a registration confirmation four to five months after submission of required documents.

The submission includes an application for the registration addressed towards the Secretary, Election Commission of India within 30 days following the date of the formation of the party. Any application made after the said period will be time barred under the provisions of Section 29A (2) (b) of the Representation of the People Act, 1951.

Documents to be Provided During Registration

A demand draft of Rs. 10,000 drawn in favour of Under Secretary, Election Commission of India. This processing fee is non-refundable.

A neatly printed copy of the rules and regulations/Constitution of the party.

A copy of the party’s constitution, which is authenticated by the General Secretary/President/Chairman of the party. It should also bear the seal of the signatory.

An affidavit which declares that no member of the party has a membership with any other political party registered with the Election Commission.

Extracts from the latest electoral rolls of at least 100 members of the party as an evidence that they are registered voters.

Individual affidavits are also needed as a declaration that the members of the party are registered voters and not members of any other political party.

Individuals or members joining the party must be 18 years old.

Each office bearer is required to submit details regarding their, and their spouse and children’s, investments and assets, including cash, jewellery, and the market value of properties owned by them

Representatives must issue notices in newspapers announcing their intention to form a new political party [Towards a No Objection Certificate]. The commission allows a 30-day window for the public to raise objections on the formation of any party.

There should be an essential provision that needs to be there in the Constitution/rules and regulations/memorandum of the party regarding organisational elections at different levels and the periodicity of such elections and terms of office of the office-bearers of the party.

The submission includes an application for the registration addressed towards the Secretary, Election Commission of India within 30 days following the date of the formation of the party. Any application made after the said period will be time barred under the provisions of Section 29A (2) (b) of the Representation of the People Act, 1951.

Eligibility Criteria for Forming a Political Party

As per the Election Commission’s mandate, a new political party must have at least 100 members to apply for political certification. Each member needs to hold a voting card, which clearly implies that individuals should be above the age of 18.

Registration Procedure

The commission allows 30 days to the public to raise objections, if any. Interim, the representatives of the political party must issue notices in newspapers and declare their intention of forming a new political entity. At the end of the 30-day window, if no objections are raised, the commission scrutinizes the documents submitted by the party. Within four or five months the party representatives can expect to receive registration confirmation.

Once the party is registered with the commission, it becomes obligatory for the party leaders to choose an election symbol from the ones available with the election commission. If the members don’t find any of the symbols fit enough for their party, they can pick a symbol on their own and submit a sketch to the commission for approval.

Is it necessary for an association to get registered by the Election Commission?

It is not necessary for every association to get registered by the Election Commission. Only an association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of Part-IV-A of the Representation of the People Act, 1951, (relating to registration of political parties) is required to get itself registered with the Election Commission of India.

What are the benefits of registration with the Election Commission of India?

The candidates set up by a political party registered with the Election Commission of India will get preference in the matter of allotment of free symbols vis-à-vis purely independent candidates. Further, registered political parties, in course of time, can get recognition as `State Party’ or National Party’ subject to the fulfillment of the conditions prescribed by the Commission in the Election Symbols (Reservation and Allotment) Order, 1968, as amended from time to time. If a party is recognised as a State Party’, it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the State of States in which it is so recognised, and if a party is recognised as a `National Party’ it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it throughout India. Recognised `State’ and `National’ parties need only one proposer for filing the nomination and are also entitled for two sets of electoral rolls free of cost and broadcast/telecast facilities over Akashvani/Doordarshan during general elections.

What is the procedure for registration?

An application for registration is to be submitted to the Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110001 in the proforma prescribed by the Commission. The Performa is available on request by post or across the counter from the office of the Commission. The proforma and necessary guidelines are also available on the Commission's website under the main heading Judicial References, sub-heading Political Party and sub-sub-heading Registration of Political Parties(Click Here). The same can be downloaded from there also. The application should be neatly typed on the party’s letter head, if any, and it should be sent by registered post or presented personally to the Secretary to the Election Commission within thirty days following the date of formation of the party.

2. The application must be accompanied by the following documents/information:-

(i) A demand draft for Rs. 10,000/- (Rupees Ten Thousand Only) on account of processing fee drawn in favour of Under Secretary, Election Commission of India, New Delhi. The processing fee is non-refundable.

(ii) A neatly typed/printed copy of the memorandum/rules and regulations/Constitution of the Party containing a specific provision as required under sub-section (5) of Section 29A of the Representation of the People Act, 1951 in the exact terms, which reads "---------------(name of the party) shall bear true faith and allegiance to the constitution of India as by law established, and to the principles of socialism, secularism and democracy and would uphold the sovereignty, unity and integrity of India". The above mandatory provision must be included in the text of party constitution/rules and regulations/memorandum itself as one of the Articles/clauses.

(iii) The copy of the party Constitution should be duly authenticated on each page by the General Secretary/President/Chairman of the Party and the seal of the signatory should be affixed thereon.

(iv) There should be a specific provision in the Constitution/rules and regulations/memorandum of the party regarding organizational elections at different levels and the periodicity of such elections and terms of office of the office-bearers of the party.

(v) The procedure to be adopted in the case of merger/dissolution should be specifically provided in the Constitution/rules and regulations/memorandum.

(vi) Certified extracts from the latest electoral rolls in respect of at least 100 members of the party (including all office-bearers/members of main decision-making organs like Executive Committee/Executive Council) to show that they are registered electors.

(vii) An affidavit duty signed by the President/General Secretary of the party and sworn before a First Class Magistrate/Oath Commissioner)/ Notary Public to the effect that no member of the party is a member of any other political party registered with the Commission.

(viii) Individual affidavits from at least 100 members of the party to the effect that the said member is a registered elector and that he is not a member of any other political party registered with the Commission duly sworn before a First Class Magistrate/Oath Commissioner)/Notary Public. These affidavits shall be in addition to the furnishing of certified extracts of electoral rolls in respect of the 100 members of the applicant party mentioned at (vi) above.

(ix)Particulars of Bank accounts and Permanent Account Number, if any, in the name of the party.

3. The application along with all the required documents mentioned above should reach the Secretary to the Commission within 30 days following the date of formation of the party.

4. Any application made after the said period will be time-barred.

What are the criteria for recognition of a party?

A political party shall be treated as a recognised political party in a State, if and only if either the conditions specified in Clause (A) are, or the condition specified in Clause (B) is, fulfilled by that party and not otherwise, that is to say-

(A) that such party –

has been engaged in political activity for a continuous period of five years; and

has, at the last general election in that State to the House of the People, or, as the case may be, to the Legislative Assembly of the State, returned-

either ( i ) at least one member to the House of the People for every twenty-five members of that House or any fraction of that number from that State;

or (ii) at least one member to the Legislative Assembly of that State for every thirty members of that Assembly or any fraction of that number;

(B) that the total number of valid votes polled by all the contesting candidates set up by such party at the last general election in the State to the House of the People, or as the case may be, to the Legislative Assembly of the State, is not less than six per cent of the total number of valid votes polled by all the contesting candidates at such general election in the State.

2. The conditions in Clause (A) or Clause (B) above shall not be deemed to have been fulfilled by a political party, if a member of the House of the People or the Legislative Assembly of the State becomes a member of that political party after his election to that House or, as the case may be, that Assembly.

3. 'State’ includes the National Capital Territory of Delhi and the Union Territory of Pondicherry.

4. If a political party is treated as a recognised political party in four or more States, it shall be known as a `National Party’ throughout the whole of India, but only so long as that political party continues to fulfill thereafter the conditions for recognition in four or more States on the results of any subsequent general election either to the House of the People or to the Legislative Assembly of any State.

5. If a political party is treated as a recognised political party in less than four States, it should be known as a `State Party’ in the State or States in which it is so recognised, but only so long as that political party continues to fulfill thereafter the conditions for recognition on the results of any subsequent general election to the House of the People or, as the case may be, to the Legislative Assembly of the State, in the said State or States.